Man claims his signature was forged on document that listed him as owner of land actually owned by will beneficiary

John Connell said that in 2012 he was informed that he was listed as being owner of lands in Co Galway which in fact had been bought by Peter O'Toole of Leagaun, Moycullen, Co Galway, on a document that was purportedly prepared by solicitor Liam O'Gallchobhar.

Mr Connell said that he had been friendly with Mr O'Toole, but said he never instructed Mr O'Gallchobhar in relation to that matter, who he said was a close associate of Mr O'Toole, and had nothing to do with the 2005 purchase of land in Moycullen Co Galway.

Mr Connell said that sometime in 2006 he had been asked by Mr O'Toole, who is a cousin of his wife, to approach Mrs Hernon, who he said he knew for many years, to see if she would see if she would sell some of her land to Mr O'Toole.

He said that when he put that proposal to her, she immediately refused.

Mr Connell said that he also made an approach on behalf of Mr O'Toole in respect of other lands in Moycullen, to see if they were up for sale.

He said that he was told that the owner was interested in a sale. but said he had nothing else to do with those lands in Moycullen after he received an anonymous call telling to stay away from that property.

Mr Connell said that in 2012, while undergoing a Revenue audit, his attention was brought by his then solicitor Brendan Flanagan to a document which had him listed as the owner of the lands in question, which had been bought for €690,000.

Mr Connell said that his signature was on the document he was shocked, agitated and upset by this as he never bought the land, and had never signed the document.

It was made to look like he had bought the lands in trust for Mr OToole, something he said he never did.

He said when he spoke to him about this matter, Mr OToole said that he would take care of its and "stupid Gallagher," must have been on the drink again."

He said Mr O'Gallchobhair who ceased practising in 2010 had only represented him in a probate matter following his mother's death and had not acted for him in the purchase of property.

He said Mr O'Gallchobhair, or Gallagher, was very friendly with Mr O'Toole, and had done a lot of work for Mr O'Toole, whom he used to socialise with.

He said during his evidence that Mr O'Gallchobhair was also known as Mr O'Toole's "lackey"

Mr Connell said that he got all clear following the audit, and got a tax clearance cert from Revenue, and said the matter did not surface again until 2020 when lawyers for Mr O'Toole sent him a letter asking him to transfer the land to Mr O'Toole.

He said that he did not want to have this land registered in his name, which he said could cause him and his family problems in the future.

He said he remained upset about his name being registered as being the owner of lands that have nothing to do with him and has gone to the Gardai about it.

Mr O'Toole is the main beneficiary of a 2006 will made by his late mother's first cousin Mrs Margaret Hernon, which was purportedly executed before Mr O'Gallchobhar.

The will has been challenged by Agustus 'Gus' Kelehan who is one of over 40 children of the deceased first cousins.

He has sued Mr O'Gallchobhair of Highfield Park, Galway in proceedings aimed at setting aside the 2006 will on the grounds that it was procured by deceit.

It is claimed that Mr O'Gallchobhair was not the deceased's solicitor and is an associate of Mr O'Toole who in the past has been convicted of offences including possession of a weapon, forgery and deception.

The claims are denied.

Under cross-examination by Michael Hourican SC for Mr O'Gallchobhair Mr Connell denied that he was attempting to blacken the name of Mr O'Toole, or that evidence he had given to court was very different to what he had said on affidavit in relation to the lands being registered in his name.

Peter O'Toole is more than capable of doing that himself, the witness said.

While he accepted that his wife would benefit from Margaret Hernon's estate if the will was set aside, he said that he had come to court to tell the truth.

He did accept that Mr O'Gallchobhair had been involved in the sale of a house that belonged to his late mother to another relative, and he said while he might have been mistaken on certain matters, he had not misled the court.

In reply to counsel, he rejected Mr O'Gallchobhair's contention that he had signed the documents in respect of the lands in Moycullen.

When asked as to why he has not signed over the lands in 2020 he said he was awaiting the outcome of the current case.

The court also heard from Mr O'Toole's neighbour and friend, dentist Joe Nolan, that he had met Mrs Hernon in Mr O'Toole's company on two occasions, sometime in and around 2006.

Once at her home, when he said she spoke with Mr O'Toole for 8 to ten minutes, and another occasion at Mr O'Toole's home, following which he agreed to drive her back to her home.

Previously the court heard that Mrs Hernon, who had no children and was an only child, died aged 91 years on March 16th 2017.

She was pre-deceased by her husband Frank in 2005, and all of her first cousins.

She left a valuable estate including the farmhouse where she resided at Barnacranny, Bushypark, Galway with adjoining 13 acres of farmland on the edge of Galway city, lands in Athenry Co Galway, and a significant quantity of cash.

In his defence of the claims against the estate Mr O'Gallchobhair claims the will was validly executed in 2006 and was witnessed by the late John Concannon.

The defendant denies the claims, and says he knew the deceased for many years.

He accepts that he knows Mr O'Toole, and had acted for him, but denies all of the allegations that he colluded with him regarding the will.

Mr O'Toole also denies any wrong-doing and claims that he had a good relationship with the deceased.

The hearing resumes next week.